Folios 432-433: Jonas Rose, HMS Agamemnon, Rio [de] Janeiro. A misunderstanding has...

Folios 432-433: Jonas Rose, HMS Agamemnon, Rio [de] Janeiro. A misunderstanding has arisen between his self and Rear Admiral Sur Sidney Smith on a point of service. The Rear Admiral says he intends the leave it to the decision of the Lords Commissioners of the Admiralty. Presents the enclosed papers to explain the circumstances and justify his actions as being consistent with the regulations of the service and in accordance with his instructions.

Folios 434-435: enclosure with folios 432-433. Statement dated 6 April 1809 by Jonas Rose, HMS Agamemnon, Rio [de] Janeiro. Statement of circumstances alluded to in the enclosed letter and papers. On 11 February [1809] a guard of 12 Marines was sent from HMS Agamemnon on the directions of Admiral Sir Sidney Smith to his house on the eastern side of the harbour, another to his house on the town side and another to the Hospital Island. The guard on the Eastern side were relieved by another ship’s Marines on 24 February [1809] and sent on board this ship. James Pike and John Weir of that guard were sent on board with a verbal message to the Commanding Officer that they had hurt the feelings of the natives of Praia Grande, a village bordering on Sir Sidney Smith’s grounds and were to be kept in confinement and the complaint would be sent on board afterwards. They were put in irons but after 3 days no complaint had been sent. He ordered them out of irons but to be kept as prisoners at large until the Commander in Chief’s intention was known. He heard nothing until 6 March [1809] when he came on board and found the Memorandum No 1 enclosing complaints 2-5. At the same time as a signal came for all Lieutenants Memorandum No 6 was copied and brought on board. He did not think he should let the men be punished by a Lieutenant from the Flag Ship as that would undermine his own maintenance of the discipline of the ship and wrote letter No 7 to Sir Sidney Smith explaining his position. This was delivered to the Flag Ship at daylight on 7 March [1809] and waited for the Admiral’s final decision. Shortly afterwards the signal was made for the squadron to weigh and he concluded the Admiral had agreed with his proposal concerning the punishment of the men on return to port. On 14 March [1809] a signal was made by the Flag Ship for Lieutenant Parr, Commanding Officer at the time the men were sent on board, and the Master at Arms asking if the men had been released from irons. He received letter No 8 dated 7 March [1809]. As he was confined to bed he could not answer it until 16 [March 1809] but did by letter No 9. Since arriving in port he has heard nothing from the Admiral and wished to assure him that it was not his intention to give offence, but to act according to the general rules. He waited on the Admiral but was told it would be presented to their Lordships for a decision.

Folio 436-435A: enclosure with folios 432-433. Copy of Memorandum dated 6 March 1809 from W Sidney Smith, HMS Foudroyant, Rio de Janeiro to the Captain or Commanding Officer of HMS Agamemnon, marked No 1. The natives of the shore of Praya Grande have been offended by the outrageous conduct of 2 Marines belonging to HMS Agamemnon named James Wane and James Pike who violently entered and plundered their property while absent from their duty on guard. Directs him to have them severely punished. As the crime was committed on shore outside of His Majesty’s Dominions, they should be told that as well as the penalty of the laws of their own country they are liable to the penalty of the laws of Portugal. However due to his intervention they will not be placed under the laws of Portugal on condition that the punishment is inflicted in the presence of the offended persons, in a boat with British colours and pendant flying, abreast of the town of Praya Grande close to the shore, attended by a boat manned and armed from every ship except those dropped down near the Forts. The whole to rendezvous on board HMS Lightning.

Folio 437: enclosure with folios 432-433. Copy of undated statement marked No 2. Translation, signed by Manoel Jose Ferreira, Ensign of Militia of Prie Grande and Officer on duty under the Colonel of the District, Antonio Jose Ferreira, Felix Francisco, Jose Simoes Lopes and Manoel de Almeida. On 23 February [1809] an English soldier entered the house of Antonio Jose Ferreira and attempted to seize hold of a woman who fled. He stole some hens and was chased the man and pointed him out to your Excellency’s Interpreter and returned to their houses. That same night a Sergeant and a soldier with bayonets insulted a number of persons in Praia Grande, about whom the Interpreter was told.

Folios 438-439: enclosure with folios 432-433. Copy of statement dated 26 February 1809 marked No 3 from Mortimer Tucker, Interpreter to the Commander in Chief, Rio de Janeiro. On the evening of 23 [February 1809] on his return from Praia Grande in company with Colonel burke and Mr Spear some Portuguese called to request him to tell the Commander in Chief that the inhabitants were alarmed by English soldiers and sailors wandering about the beach in a state of intoxication and his Excellency must give directions on the business. Half an hour before an English solder had robbed a house and 2 soldiers had insulted a number of persons and drawn their bayonets. The Colonel recommended him to go to the Telegraph and make enquiries. On his arrival there he found a number of Portuguese who made similar complaints and said they could identify the man who stole fowls from the house. Mr Boxer the Signal officer took a Portuguese with him in search of the robber. They found him lying on a table in a state of intoxication with his face cut. The Portuguese said that this man named James Ware, a Marine was the robber and explain how he can identify him. Mr Boxer ordered the guard to take him prisoner. He discharged the Portuguese and told him to notify the Commander in Chief in writing. The subsequent recovery of the fowls will also be notified.

Folio 440: enclosure with folios 432-433. Copy of letter dated 23 February 1809 marked No 4, from William Boxer to Rear Admiral Sir Sidney Smith, Commander in Chief. John Ware and James Pike belonging to HMS Agamemnon were absent after gunfire against his orders. The former was seen by Edward Kempley, Seaman belonging to HMS Marlborough, with plunder he had taken from a cottage on his [Sir Sidney’s] estate. Both are under confinement until his directions are known.

Folio 441: enclosure with folios 432-433. Copy of letter dated 28 February 1809 marked No 5 from William Boxer, Eastern Telegraph, to Rear Admiral Sir Sidney Smith, Commander in Chief. The Sergeant was put under confinement on 20 [February 1809] for disobedience of orders. The Corporal in charge of the guard was not absent when the robbery was committed. He believes James Ware was supposed to be the Petty Officer that night. On the morning of 24 [February 1809] 4 dead fowls were found near the Guard House, assumed to be the plunder taken. He questioned James Ware who acknowledged giving 2 shillings to a Portuguese cottager.